The Camera (does not) Add Probable Cause
An LAPD officer was arrested last week on charges of filing a false police report and perjury (oops!). The officer, a 13-year veteran, was assigned to LAPD West Traffic Division, which is responsible for all handling all traffic-related investigations and enforcement.
Apparently, the LAPD’s Internal Affairs Division conducted an investigation that stemmed from concerns from the LA City Attorney’s Office regarding footage they viewed on the officer’s body-worn camera videos. And, would you believe it, investigators established that the “camera footage was inconsistent with the written report.”
In English, the camera footage showed one thing and the cop’s written report stated another. As a result, the DUI charge at issue was not filed. So, sounds like the officer added a little probable cause to arrest to his written report either thinking that no one would notice or view the body-worn camera, or he just wasn’t thinking at all.
With the increasing use of body-worn cameras by the LAPD, we are now able to see what the officer sees during their encounter with our clients. Thus, we can compare the contents of the video with what was stated in their written report and, in certain cases, point out meaningful inconsistencies to the prosecutor. This story above is a perfect example.
Another example, that comes from dashboard camera footage, is a report that might state the my client failed to use a turn signal and this was the moving violation that gave the officer probable cause to initiate a traffic stop (pull the person over). After pulling them over and talking with them, it was believed that the client was driving under the influence and subsequently arrested. Well, after viewing the dash-cam footage, it was clear that the client did, in fact, use his turn signal and you can be sure this was politely pointed out to the prosecutor.
If you don’t have probable cause to stop, your arrest crumbles. Attorney Ross Erlich is always looking out for the availability of dash-cam footage, body-worn camera footage, and other forms of surveillance footage that can help disprove the allegations made by law enforcement. Leave no stone unturned, a wise person once said. That’s all part of the job.
If you or someone you know has been arrested or given a notice to appear in court in Los Angeles, contact attorney Ross Erlich today for a free case consultation.